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John Allardice, Merchant In Campvere v Jane Smart, Widow and Executrix of The ‘S Father, for Herself and Her Children: HL 12 Feb 1722

Provisions to Heirs and Children – A special provision, in a marriage contract, of sums of money to be laid out on land or other good security, and also of conquest in lands, heritages, fishings, sums of money and others, to the heirs of the marriage, went to all the children, and not to the eldest son only.
A discharge of provisions granted by two children to their father, in consideration of a certain sum of money, paid to them, operated in his favour with regard to the remainder of their provisions, and not in favour of another child, who did not discharge.
Fiar – A house, part of the conquest of a first marriage, is disponed to a person and his wife in conjunct fee and life-rent, and to the bairns of the marriage in fee, whom sailing, to the heirs of the husband: the husband being fiar might settle the life-rent thereof on a second wife.

[1722] UKHL Robertson – 399, (1722) Robertson 399
Bailii

Scotland, Family

Updated: 05 January 2022; Ref: scu.553735

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